David L. Chaplin II
Impunity Watch, Asia
ROHTAK, India – India’s Supreme Court says family members convicted of ‘honour killings’ should face the death penalty, going further than life sentences of old. Honour crimes are perpetrated by families against their very own family. These crimes are committed in the name of honor, pride, and tradition when dealing with marriage outside of one’s caste.
The male, female intermingling and marriage outside of caste and religion remains a taboo, not only for largely rural illiterate populations who have lived under a system of feudalism for centuries, but even for educated, well-off families in urban India.
In traditional Indian societies, women are often regarded as family property. Marriages are carefully arranged by parents and elders and relationships outside of caste are frowned upon.
Many victims incite their families by marrying outside their caste. Often “honour” crimes against them are endorsed, or even encouraged, by village-based caste councils.
A dominate issue remains the proximity to cities and access to education often promoting modern influences, creating a conflict between traditional beliefs and modern aspirations in the minds of the young.
The Supreme Court of India warned senior officials who failed to act against the offenders with threats that they too would be prosecuted. The Court asked state governments to suspend district magistrates and senior police officers for failing to act against these councils.
Despite India’s rapid modernization and growing cosmopolitanism, which has been driven by accelerated economic growth, discrimination against low-caste communities known as Dalits and minority faiths such as Muslims persists in this predominately Hindu country.
“It is time to stamp out these barbaric, feudal practices which are a slur on our nation,” the court said.
India’s media highlighted the case of 22-year-old journalist Nirupama Pathak who allegedly was killed by her mother in their home in the eastern state of Jharkhand, after she was found to be pregnant by her lower caste boyfriend.
Cases of “honour killings” are regularly reported from the neighboring states of Punjab, Haryana and western Uttar Pradesh, but in the capital they are uncommon.
The All-India Democratic Women’s Association (AIDWA) has welcomed the Supreme Court judgment underscoring the gravity, barbaric and feudal nature of killings in the name of ‘honour.’
“The judgment exposes the failure of the government to take appropriate action and bring the perpetrators of such crimes to justice. It has been a long-standing demand of AIDWA that such killings and crimes in the name of ‘honour’ be dealt with by a comprehensive stand-alone legislation,” said AIDWA.
The AIDWA has also demanded that the police be forced by the government to ensure that such crimes are properly investigated and criminals are apprehended.
On Sunday, two widows were bludgeoned to death in a Haryana village by a man who accused them of being in a lesbian relationship.
The 23-year-old killer was the nephew of one of the women. He was on parole, having served a sentence for rape.
He said he had killed the women to protect his “family’s honour”.
Eyewitnesses told police he killed his aunt and the other woman in full view of other villagers, after he accused them of being in a lesbian relationship.
The two bled to death as the villagers watched. Correspondents say such killings have often not been reported or widely discussed in the past because families usually accept the verdicts.
Oppositional voices to the Supreme Court’s decision say that the “[l]aw is for the society and not vice versa. Honour is one of the most important elements for a being,” Om Parkash Dhankar said.
He further stated, “There are adequate provisions of punishment in the Indian judicial system for every kind of crime. Making a separate provision for murder cases is uncalled for.”
He added that in a majority of cases, the family members kill their relatives in a fit of rage. “Even Rama killed Ravana for honour, because he was keeping a bad (an evil) eye on his wife,” he said.
The Justice department vehemently disagrees, stating that “[a]ll persons who are planning to perpetrate ‘honour’ killings should know that the gallows await them,” said Justices Markandeya Katju and Gyan Sudha Mishra.
There are no reliable statistics on the number of “honour killings” in India, but most have reported that for every case that gets recorded, several others go unreported.
For more information, please see:
The Hindu – AIDWA demands law on on ‘honour’ killing – 10 May 2011
Times of India – Honour Killings: Khaps reject SC observations – 11 May 2011
Indian Express – Inter-caste marriages in national interest – 20 April 2011
India Reuters – Supreme Court cracks down on tradition of “honour killings” – 20 April 2011
BBC – Indian ‘honour’ killers should hang, Supreme Court says – 10 May 2011
